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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Inurance co withholding NCD


travisb
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They are fully within their rights to do this, the FOS website will be full of failed challenges, citing the bonus being a no claim bonus, not a no blame bonus.

 

There's nothing stopping you giving the third party insurer's (not the third party themselves) a call to find out what's going on, it might not go down well, the third party insurer may tell you to get lost, but at least you'll get an idea of what's going on. If I was to take an educated guess it's the hire claim that's messing things up somewhere along the way.

 

There'd no harm in being a nusiance, especially if you'e moved insurers, sometimes it's the only way to get results.

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Hi Travis, I'm not sure about the discretion issue, I can't see that worded any where , what the insurers are clear about is the word will, instead of may or might, and then put a discretion statement, if there is more, you may have them on that point, otherwise I don't tank the wording can be any clearer than that. If there are misconceptions about what the bonus is, that is the consumers error, as again no claim bonus is what it says it is.

Re the questions, this will depend on what has been told to you, if you have been advised you can tell the new insurer this information, they are in the wrong. This may be a different turn to the complaint, but it will have to be proven they have done this.

My advice is not to try to find fault in the wording, too many people fail on this, just complain about the basic facts I am not happy because this should be straight forward it is affecting my new premium, why is it taking so long, what is the problem, what have you done about it, what are you going to do about it, and be ahead, if they start blaming the other side, ask for their telephone number..... See if they suddenly change tone. ........ Make them work for it.

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